UK Statutory Instrument
2004
United Kingdom
The Water Mergers (Modification of Enactments) Regulations 2004
Part 3 of the Enterprise Act 2002 (“the 2002 Act”) contains the main statutory scheme for the regulation of mergers. Sections 32 to 35 of, and Schedule 4ZA to, the Water Industry Act 1991 (“the 1991 Act”) (as substituted by section 70 of the 2002 Act) provide a separate scheme for the regulation of mergers between water or sewerage undertakers (“water mergers”) in England and Wales. Section 32 of that Act places a duty on the OFT to refer to the Competition Commission any such mergers which exceed certain thresholds that are set pursuant to section 33 of that Act. Show full description Show less
At a glance
Enforced by
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Browse 53 other sections — procedural / definitional / commencement
Modification of Part 3 of the 2002 Act
Omitted provisions
Sections 22 to 24: References in relation to completed mergers
Section 25: Extension of time-limits
Section 30: Relevant customer benefits
Section 31: Information powers in relation to completed mergers
Section 32: Supplementary provision for purposes of section 25
Section 33: Duty to make references in relation to anticipated mergers
Section 34: Supplementary provision in relation to anticipated mergers
Section 34C: functions to be exercised by CMA groups
Section 34ZA: Time-limits for decisions about references
Section 34ZB: Extension of time-limits
Section 34ZC: Sections 34ZA and 34ZB: supplementary
Sections 35 to 36: Questions to be decided in relation to mergers
Section 37: Cancellation and variation of references
Section 38: Investigations and reports on references
Section 39: Time-limits for investigations and reports
Section 40: Section 39: supplementary
Section 41: Duty to remedy effects of completed or anticipated mergers
Section 71: Initial undertakings: completed mergers
Section 72: Initial enforcement orders: completed or anticipated mergers
Section 73A: Time-limits for consideration of undertakings
Section 74: Effect of undertakings under section 73
Section 75: Order making power where undertakings under section 73 not fulfilled etc
Section 77: Restrictions on certain dealings: completed mergers
Section 78: Restrictions on certain share dealings: anticipated mergers
Section 79: Sections 77 and 78: further interpretation provisions
Section 80: Interim undertakings
Section 81: Interim orders
Section 82: Final undertakings
Section 84: Final orders
Section 89: Subject-matter of undertakings
Section 103: Duty of expedition in relation to references
Section 103: Duty of expedition in relation to references
Section 104: Certain duties of relevant authorities to consult
Section 105: General information duties of OFT and Commission
Section 106: Advice and information about references under section 22, 33, 68B or 68C
Section 107: Further publicity requirements
Section 108: Defamation
Section 109: Attendance of witnesses and production of documents etc.
Section 110A: Restriction on powers to impose penalties under section 110
Section 110B: Section 110A: supplementary provision
Section 109B: Extra-territorial application of notices under section 109
Section 110: Enforcement of powers under section 109: imposition of penalties
Section 117: False or misleading information
Section 119: Minority reports of CMA
Section 120: Review of decisions under Part 3
Section 122: Primacy of EU law
Section 127: Associated persons
Section 129: Other interpretation provisions
Schedule 10: procedural requirements for certain enforcement undertakings and orders
Review
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Water Services Regulation Authority
Economic regulator for the water and sewerage sectors in England and Wales. Sets price limits, monitors service quality, and enforces environmental duties. …
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